Modifies procedure for rebutting presumption of inability to pay child support when an obligor earns wages from work performed while the obligor is a patient at the state hospital or incarcerated.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 879
Sponsored by Senator SMITH DB
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes changes to how a person can rebut a presumption that certain people
are not able to pay child support. (Flesch Readability Score: 65.2).
Modifies procedure for rebutting presumption of inability to pay child support when an obligor
earns wages from work performed while the obligor is a patient at the state hospital or incarcerated.
A BILL FOR AN ACT
Relating to child support obligations of persons in custody; creating new provisions; and amending
ORS 25.245 and 25.247.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS chapter 25.
SECTION 2. (1) Each month, the Oregon Health Authority and the Department of Cor-
rections shall identify those persons who are patients at the state hospital or incarcerated
and who receive compensation for work performed at the state hospital or through a pro-
gram operated by the Department of Corrections or Oregon Corrections Enterprises, and
provide that information to the administrator.
(2)(a) If a person identified under subsection (1) of this section has previously been
rebuttably presumed unable to pay child support under ORS 25.245 or 25.247, the entity re-
sponsible for support enforcement shall provide notice of the obligor’s employment to the
obligee and obligor.
(b) The notice must inform the parties that:
(A) Evidence of the obligor’s employment may be used as evidence to rebut the
presumption of inability to pay child support; and
(B) Unless a party objects as provided in ORS 25.245 (4) or (6) or 25.247 (6), as applicable,
the support order will remain suspended.
(3) Within 30 days following the date the entity providing support enforcement services
receives the notice described in subsection (1) of this section, the entity shall serve the no-
tice described in subsection (2) of this section on the obligee in the manner provided for the
service of summons in a civil action, by certified first class mail, return receipt requested,
or by any other mail service with delivery confirmation and shall serve the notice on the
obligor by first class mail to the obligor’s last-known address. The notice must contain a
statement that the administrator represents the state and that low-cost legal counsel may
be available.
SECTION 3.
ORS 25.245 is amended to read:
25.245. (1) Notwithstanding any other provision of Oregon law, a parent who is eligible for and
receiving cash payments under ORS 412.001 to 412.069, Title IV-A of the Social Security Act, the
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2286
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general assistance program as provided in ORS chapter 411 or a general assistance program of an-
other state or tribe, the Oregon Supplemental Income Program or the federal Supplemental Security
Income Program shall be rebuttably presumed unable to pay child support and a child support obli-
gation does not accrue unless the presumption is rebutted.
(2) Each month, the Department of Human Services shall identify those persons receiving cash
payments under the programs listed in subsection (1) of this section that are administered by the
State of Oregon and provide that information to the administrator. If benefits are received from
programs listed in subsection (1) of this section that are administered by other states, tribes or
federal agencies, the obligor shall provide the administrator with written documentation of the
benefits. The Department of Human Services shall adopt rules to implement this subsection.
(3) The administrator shall refer to the information provided in subsection (2) of this section
prior to establishing any child support obligation. Within 30 days following identification of persons
under subsection (2) of this section, the entity responsible for support enforcement services under
ORS 25.080 shall provide notice of the presumption to the obligee and obligor and shall inform all
parties to the support order that, unless a party objects as provided in subsection (4) of this section,
child support shall cease accruing beginning with the support payment due on or after the date the
obligor first begins receiving the cash payments and continuing through the support payment due
in the last month in which the obligor received the cash payments. The entity responsible for sup-
port enforcement services shall serve the notice on the obligee in the manner provided for the ser-
vice of summons in a civil action, by certified mail, return receipt requested, or by any other mail
service with delivery confirmation and shall serve the notice on the obligor by first class mail to
the obligor’s last-known address. The notice shall specify the month in which cash payments are first
made and shall contain a statement that the administrator represents the state and that low cost
legal counsel may be available.
(4) A party may object to the presumption by sending an objection to the entity responsible for
support enforcement services under ORS 25.080 within 30 days after the date of service of the no-
tice. The objection must describe the resources of the obligor or other evidence that might rebut the
presumption of inability to pay child support. The entity receiving the objection shall cause the case
to be set for a hearing before a court or an administrative law judge. The court or administrative
law judge may consider only whether the presumption has been rebutted.
(5) If no objection is made, or if the court or administrative law judge finds that the presumption
has not been rebutted, the Department of Justice shall discontinue billing the obligor for the period
of time described in subsection (3) of this section and no arrearage shall accrue for the period dur-
ing which the obligor is not billed. In addition, the entity providing support enforcement services
shall file with the circuit court in which the support order or judgment has been entered a copy of
the notice described in subsection (3) of this section or, if an objection is made and the presumption
is not rebutted, a copy of the administrative law judge’s order.
(6) After the suspension of a support order, if a party received notice described in section
2 (2) of this 2025 Act, the party may object to the presumption of inability to pay by sending
an objection to the entity that served the notice within 30 days after the date of service. The
objection must describe the evidence of ability to pay that was not available at the time the
order was suspended. The entity receiving the objection shall cause the case to be set for a
hearing before a court or an administrative law judge. The court or administrative law judge
may consider only whether the presumption has been rebutted.
(7) If an objection is made under subsection (6) of this section and the court or admin-
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istrative law judge finds that the presumption has been rebutted, the support order will be
reinstated on the first day of the first month following the finding by the court or adminis-
trative law judge.
[(6)(a)] (8)(a) Within 30 days after the date the obligor ceases receiving cash payments under a
program listed in subsection (1) of this section, the Department of Justice shall provide notice to
all parties to the support order:
(A) Specifying the last month in which a cash payment was made;
(B) Stating that the payment of those benefits has terminated and that by operation of law bill-
ing and accrual of support resumes; and
(C) Informing the parties of their rights to request a review and modification of the support
order based on a substantial change in circumstance or pursuant to ORS 25.287 or any other pro-
vision of law.
(b) The notice shall include a statement that the administrator represents the state and that low
cost legal counsel may be available.
(c) The entity providing enforcement services shall file a copy of the notice required by para-
graph (a) of this subsection with the circuit court in which the support order or judgment has been
entered.
[(7)] (9) Receipt by a child support obligor of cash payments under any of the programs listed
in subsection (1) of this section shall be sufficient cause for a court or administrative law judge to
allow a credit and satisfaction against child support arrearage for months that the obligor received
the cash payments.
[(8)] (10) The notice and finding of financial responsibility required by ORS 25.511 shall include
notice of the presumption, nonaccrual and arrearage credit rights provided for in this section.
[(9)] (11) The presumption, nonaccrual and arrearage credit rights created by this section shall
apply whether or not child support enforcement services are being provided under Title IV-D of the
Social Security Act.
[(10)] (12) Application of the presumption, nonaccrual and arrearage credit rights created by this
section does not constitute a modification but does not limit the right of any party to seek a mod-
ification of a support order based upon a change of circumstances or pursuant to ORS 25.287 or any
other provision of law. In determining whether a change in circumstances has occurred or whether
three years have elapsed, or such shorter cycle as determined by rule of the Department of Justice,
since entry of a support order, the court or administrative law judge may not consider any action
taken under this section as entry of a support order. The presumption stated in subsection (1) of this
section applies in any modification proceeding.
SECTION 4.
ORS 25.247 is amended to read:
25.247. (1) An obligor who is incarcerated for a period of 180 or more consecutive days shall be
rebuttably presumed unable to pay child support and a child support obligation does not accrue for
the duration of the incarceration unless the presumption is rebutted as provided in this section or
as determined by the court.
(2) The Department of Justice and the Department of Corrections shall enter into an agreement
to conduct data matches to identify the obligors described in subsection (1) of this section.
(3) Within 30 days following identification of an obligor described in subsection (1) of this sec-
tion whose child support obligation has not already been modified due to incarceration, the entity
responsible for support enforcement services under ORS 25.080 shall provide notice of the
presumption to the obligee and obligor and shall inform all parties to the support order that, unless
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a party objects as provided in subsection (4) of this section, child support shall cease accruing be-
ginning with the first day of the first month that follows the obligor becoming incarcerated for a
period of at least 180 consecutive days and continuing through the support payment due in the last
month prior to the reinstatement of the support order as provided in subsection (8) of this section.
The entity shall serve the notice on the obligee in the manner provided for the service of summons
in a civil action, by certified mail, return receipt requested, or by any other mail service with de-
livery confirmation and shall serve the notice on the obligor by first class mail to the obligor’s
last-known address. The notice shall specify the month in which the obligor became incarcerated
and shall contain a statement that the administrator represents the state and that low-cost legal
counsel may be available.
(4) Before the support order is suspended, a party may object to the presumption by sending an
objection to the entity that served the notice under subsection (3) of this section within 30 days
after the date of service of the notice. The objection must describe the resources of the obligor or
other evidence that rebuts the presumption of inability to pay child support. The entity receiving
the objection shall cause the case to be set for a hearing before a court or an administrative law
judge. The court or administrative law judge may consider only whether the presumption has been
rebutted.
(5) If no objection is made under subsection (4) of this section, or if the court or administrative
law judge finds that the presumption has not been rebutted, the administrator shall discontinue
billing the obligor for the period of time described in subsection (3) of this section and no arrearage
shall accrue for the period during which the obligor is not billed. In addition, the entity providing
support enforcement services shall file with the circuit court in which the support order or judgment
has been entered a copy of the notice described in subsection (3) of this section or, if an objection
is made and the presumption is not rebutted, a copy of the court’s or administrative law judge’s
order.
(6)(a) After the suspension of a support order, a party may object to the presumption of inability
to pay by :
(A) Sending an objection to the entity that served the notice under subsection (3) of this
section ; or
(B) If the party received notice under section 2 of this 2025 Act, by sending an objection
to the entity that served the notice within 30 days after the date of service of the notice
under section 2 of this 2025 Act .
(b) The objection must describe the evidence of ability to pay that was not available at the time
the order was suspended. The entity receiving the objection shall cause the case to be set for a
hearing before a court or an administrative law judge. The court or administrative law judge may
consider only whether the presumption has been rebutted. In making the determination, the court
or administrative law judge shall consider any evidence presented by a party of the expenses an
obligor will incur reintegrating into society following release from incarceration.
(7) If an objection is made under subsection (6) of this section and the court or administrative
law judge finds that the presumption has been rebutted, the support order will be reinstated at 50
percent of the previously ordered support amount on the first day of the first month following the
finding by the court or administrative law judge.
(8) An order that has been suspended as provided in subsection (3) of this section will auto-
matically be reinstated at 50 percent of the previously ordered support amount on the first day of
the first month that follows the 120th day after the obligor’s release from incarceration.
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(9)(a) Within 30 days following reinstatement of the order pursuant to subsection (8) of this
section, the administrator shall provide notice to all parties to the support order:
(A) Specifying the last date on which the obligor was incarcerated;
(B) Stating that by operation of law, billing and accrual of support resumed on the first day of
the first month that follows the 120th day after the obligor’s release from incarceration; and
(C) Informing the parties that the administrator will review the support order for purposes of
modification of the support order as provided in subsection (10) of this section within 60 days fol-
lowing reinstatement of the order.
(b) The notice shall include a statement that the administrator represents the state and that
low-cost legal counsel may be available.
(c) The entity providing support enforcement services shall file a copy of the notice required by
paragraph (a) of this subsection with the circuit court in which the support order or judgment has
been entered.
(10) Within 60 days of the reinstatement under subsection (7) or (8) of this section, the admin-
istrator shall review the support order for purposes of modifying the support order. Reinstatement
of support after an order has been suspended under this section is considered a substantial change
of circumstances for purposes of child support modification proceedings.
(11) Proof of incarceration for at least 180 consecutive days is sufficient cause for the adminis-
trator, court or administrative law judge to allow a credit and satisfaction against child support
arrearages for each month that the obligor was incarcerated or that is within 120 days following the
obligor’s release from incarceration unless the presumption of inability to pay has been rebutted.
(12) Orders modified to zero prior to January 1, 2018, remain in force with reinstatement at the
full amount ordered by the court occurring 61 days after release. Such orders are not subject to
suspension and reinstatement as provided in this section.
(13) The provisions of subsections (1) and (11) of this section apply regardless of whether child
support enforcement services are being provided under Title IV-D of the Social Security Act.
(14) The Department of Justice shall adopt rules to implement this section.
(15) As used in this section, “support order” means a judgment or administrative order that
creates child support rights and that is entered or issued under ORS 25.501 to 25.556 or 419B.400
or this chapter or ORS chapter 107, 108, 109 or 110.
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